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SIMPSON v. HARLEM RIV. HOUSES CHILDREN'S CTR.

28 Misc.2d 696 (1960)

Karen Simpson, by Thelma Simpson, Her Guardian ad Litem, et al., Respondents, v. Harlem River Houses Children's Center, Appellant, et al., Defendant.

Supreme Court, Appellate Term, First Department.

November 23, 1960

Attorney(s) appearing for the Case

Casper B. Ughetta and Alexander P. Gillen for appellant. W. Eugene Sharpe for respondents.

Concur — HOFSTADTER, J. P., AURELIO and TILZER, JJ.

Per Curiam.

The sole testimony as to the happening of the accident was by the infant plaintiff and was insufficient to establish any breach of supervisory duty on the part of her teacher or failure on his part to foresee any danger or that the infant would do what she did voluntarily, without request by or knowledge of the teacher. All movements of pupils need not be under constant scrutiny (Conway v. Board of Educ., 11 Misc.2d 162...

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